He committed fraud and is now released on bail pending trial. Will you go to jail after sentencing?

If the court hears the case of fraud, it will still go to jail.

Sentencing standard:

1. Whoever commits fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Explanations on some issues concerning the specific application of law in handling criminal cases of fraud;

Rule number one

Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Rule number two Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Rule three.

Fraud of public or private property reaches the standard of "large amount" as stipulated in Article 1 of this Interpretation, but under any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

Article 4? Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime.

If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5? If the fraud is attempted, the amount is huge or there are other serious circumstances, it shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information;

(2) Making fraudulent phone calls for more than 500 times;

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

Article 6? If fraud is accomplished and attempted, and different sentencing ranges are reached, it shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

Article 7? Knowing that others commit fraud, provide them with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement, etc. , should be punished for * * *.

Article 8? Whoever impersonates a staff member of a state organ to commit fraud and at the same time constitutes a crime of fraud and swindling and cheating shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9?

If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after the incident is clear, it shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

Article 10? The actor has used the defrauded property to pay off debts or transfer it to others. In any of the following circumstances, it shall be recovered according to law:

(1) The other party collects it knowing that it is fraudulent property;

(2) The other party obtains fraudulent property free of charge;

(3) The other party obtains fraudulent property at a price significantly lower than the market price;

(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.

If another person obtains fraudulent property in good faith, it will not be recovered.

Extended data:

Determination of fraud: the boundary between crime and non-crime

Boundary with lending behavior:

If the borrower is in arrears for a long time for some reason, or fabricates a lie or conceals the truth to defraud money and materials, it can't be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy or deception, and it really means repayment; There are also some people who forge repayment vouchers and lie that they have repaid their debts after they have owed them. This is still a loan dispute and does not constitute fraud.

And the boundaries for avoiding liabilities due to losses:

If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.

And the boundaries of fraud:

Both use deception, and the latter may also obtain property benefits, which are the same; But the subjective purpose, criminal means, the amount of property and the object of infringement are all different. The crime of swindling and cheating is a swindling and cheating act aimed at defrauding all kinds of illegal interests, pretending to be a state functionary, and damaging the prestige of state organs, social public interests or citizens' legitimate rights and interests. The fraud not only includes property (but not limited to the amount), but also includes work, position, honor, etc., which belongs to the crime of disturbing social management order.

Criminals pretend to be state employees to defraud public and private property, which infringes on property rights, damages the prestige and normal activities of state organs, and is an implicated offender. Therefore, the crime should be determined according to the main object and main harmfulness of the act, and the punishment should be heavier.

If the amount of property defrauded is not large, but the prestige of state organs is seriously damaged, it should be punished as the crime of swindling and cheating; Otherwise, it is defined as fraud. If two kinds of objects seriously infringe, they are generally treated as fraud according to the principle of one felony. Two kinds of crimes have been committed independently, and if they are not related to each other, they shall be dealt with according to the principle of combined punishment for several crimes.

The boundary between this crime and other fraud crimes stipulated in this law:

The remaining chapters of this law respectively stipulate crimes such as fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish. Therefore, this article stipulates that "if there are other provisions in this law, those provisions shall prevail."

Reference Link: the Supreme People's Court: Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.

? Baidu encyclopedia: fraud